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Quitclaim Deed: A Document that transfers property-interest

Posted on: 05th Jun, 2005 10:42 pm
A quitclaim deed is a legal document that transfers your interest to another individual in the property such as
  • House - A building for human habitation
  • Land - A place which can be used for habitation, investment or any other purpose
  • Mobile home - A movable house that is parked in a place
Two parties are there in a quitclaim deed process – grantor and grantee. Grantor is the party that transfers the property and the grantee is the party that gets the property. In a quitclaim deed, no promises are made by the grantor that the property is lien-free. Before opting for this deed, it is advised that the grantor should consult an attorney and know about the possible consequences of such property transfer.

To help you get a clear idea of what a quitclaim deed (often misspelled as quick claim deeds or quit claim deeds) is, the whole information is divided into different sections:

When to use quitclaim deed

A quitclaim deed is commonly used in the following situations:

  1. In a divorce, when an ex-spouse transfers ownership of the property to the other.
  2. A spouse may add other spouse's name to the property title after marriage only by issuing the spouse a deed.
  3. At the time of purchasing a property, ownership is transferred from the seller to the buyer. For such transfer, parties involved may use a quitclaim, general warranty, or special warranty deed.
  4. Sometimes, previous owner of the property may retain some ownership interest in the property. This interest can be transferred to the new owner with the help of a quitclaim deed.
  5. A person planning a will or a living trust can use the document to transfer ownership of the property into a trust or the person they want to inherit the property.
  6. Parents willing to transfer the ownership in a property to a child or a relative before the property gets stuck in a probate.

6 Steps to follow in a quit claim deed

Preparing a quitclaim deed is very easy. Here are some quick steps to do so.

  1. First of all, obtain a quit claim deed form. You can get the form online. You can also obtain it from the office of the local county recorder.
  2. Fill in the names of the grantor and the grantee. If possible address of both the parties has to be filled in.
  3. Signature of the grantor should be there in the form. In some states, signatures of both the grantor and the grantee are required.
  4. A public notary should verify the signature of the grantor. Generally, the grantor has to sign the deed in front of a public notary.
  5. A legal description of the property is a must. This is because of the fact that without the legal description, deed can’t be recorded in the recorder’s office.
  6. In order to make the deed valid, it should be recorded in the recorder’s office.

Life estates and quitclaim deeds

Even after transferring a property through quitclaim, you can have the right to stay there till your death. This is possible only if you retain a life estate for yourself. A life estate is a kind of estate where you retain interest in the property for your lifetime, and specifically name the person to whom the property is to go to immediately after your death.

Reverse/undo quitclaim

Once you have signed a quitclaim, the only way to get the property back is to have the grantee quitclaim it back to you or prove the transfer was invalid. If you can prove that you signed the deed under threat, external pressure, or the grantee made you sign by telling you false information, then you can have the quitclaim deed invalidated. For invalidating a deed, consult an attorney in your state. Learn more...

This legal document is a good way to transfer property if you are transferring it between family. The best way to transfer property to or from someone who is not family is to use a general or special warranty deed which gives the buyer warranties as well as transfers property.

Related Readings

Related Forum Discussions

Hi Barbara,

Welcome to Mortgagefit forum.

You had asked the same question here also: http://www.mortgagefit.com/propertytransfer/about7329.html

Kindly go through this above page to see the answers community members have given to your question.

Colin
Posted on: 23rd May, 2007 11:16 am
my mother quit claimed her house to me and my siblings seven years ago we also did a life estate for her she planned on staying in her house until death or going to a nursing home we did the quit claim to protect her house from the nursing home now her health is getting poor but she is not ready for a nursing home she wants to sell the house and move into a small apartment my siblings and i would be agreeable to a reversal of the quit claim is this possible?
Posted on: 07th Jun, 2007 03:52 pm
Hi Kathy,

Welcome to Mortgagefit discussion board.

You can make a new quit claim deed to transfer ownership back into your mother's name. After the title transfer she can sell the house.

As you all are agreeing to transfer title back in her name, there will not be any problem in it.

Do let me know if you have any other questions.

Thanks
Blue
Posted on: 07th Jun, 2007 04:05 pm
i long do i have to file my deed with the courts
Posted on: 26th Jun, 2007 04:21 pm
James, within which time frame you need to file the quit claim deed with the courts largely depends on the state you are in and applicable laws in your state concerning filing of property deeds.
Posted on: 26th Jun, 2007 04:35 pm
Welcome James,

Where do you live? There's the law that varies from state to state if you are filing any deed.
Posted on: 27th Jun, 2007 05:42 am
Hi, I live in GA and my boyfriend and I bought a house with his credit, my money. We are having major problems and have decided to part ways. He wants nothing to do with the house and is no position to keep it. I have three children and do not want to move. I cannot qualify for a mortgage at this time but have found out that he has not been paying the mortgage and the house will soon be in foreclosure. Do I have any options at all at this point or is it too late? I can pay the monthly payments. Any advice will be very helpful.

Ann
Posted on: 14th Jul, 2007 10:58 am
Hi Anne,

Welcome to the forums.

If you think you'll be able to pay off the mortgage, then you can request the lender to allow you to pay off the loan. I guess you are on the title to the property. So, in order to take over the liability of paying off the loan, you will need to either refinance the loan or get the loan transferred in your name by novation.

Thanks,

Jerry
Posted on: 16th Jul, 2007 04:15 am
Ann, it looks like you had posted this same question over here also - http://www.mortgagefit.com/foreclosure/options-savehome.html

Some members have responded to your question so kindly have a look.

Miller
Posted on: 16th Jul, 2007 06:42 pm
My parents own a lake-front cottage that they would like to turn over to their four adult children. They no longer want the financial burden of the taxes and expenses but want to "give" the cottage to us. Would a quit claim deed be the answer for us?
Posted on: 17th Jul, 2007 08:16 pm
Hi Rosemary,

Welcome to the forums.

The transfer can be done using a quitclaim deed. But your parents may have to pay gift taxes if they do use a quitclaim. This is because a property which is quitclaimed without money transfer or at the cost which is less than it is worth, is known as gift. Hence, transfer through a quitclaim without or with less money being transferred is regarded as gift transfer. And, as such the person conveying the property or the grantor is liable to pay gift taxes. But there is an exemption limit as far as payment of such taxes are concerned. Know about the exemption from a previous discussion on Gift taxes.
Posted on: 17th Jul, 2007 08:30 pm
Thanks, Sara.
Posted on: 17th Jul, 2007 08:40 pm
Most welcome Rosemary
Posted on: 17th Jul, 2007 09:01 pm
I have a quitclaim deed that has not been recorded, but has been signed and witnessed by a notary, is it valid on a mortgaged home in Nevada, if I get it recorded?
Posted on: 19th Jul, 2007 07:33 am
Hi Dana,

Welcome to Mortgagefit discussion board.

If it was signed by both grantor and grantee & correctly notarized then it is still valid. You can get it recorded with your county recorder's office.

But you should know that as there is mortgage, lender can require you to refinance the loan in your name or be paid off by grantor. Have you informed lender about the property transfer?

Thanks
Blue
Posted on: 19th Jul, 2007 05:33 pm
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